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HomeMy WebLinkAboutpc minutes 3-27-13 KAUAI PLANNING COMMISSION REGULAR MEETING March 27, 2013 The regular meeting of the Planning Commission of the County of Kauai was called to order by Chair Katayama at 9:05 a.m., at the Lihue Civic Center, Moikeha Building, in meeting room 2A-213. The following Commissioners were present: Mr. Wayne Katayama Mr. Hartwell Blake Mr. John Isobe Mr. Jan Kimura(arrived at 9:06 a.m.) Ms. Amy Mendonca Mr. Heilman Texeira Discussion of the meeting, in effect, ensued: ORDER Chair Katayania.called the meeting to order at 9:05 a.m. Planning Director Michael Dahilig noted that there were four members present. A]?' ROYAL OF AG11. TDA Mr. Dahilig stated that in order to aid in the discussion,his suggestion was for the Coturnission to take item H,2, prior to item D. On the motion by Berman Texeira and seconded by Amy Meudonca to approve the agenda as amended, the motion carried by unanimous voice vote. Commissioner Kimura j oined the meeting at 9:06 a.m. V:A2013 Master FilesV Commissions APlann'ng\MinutesA2013-3-27 Planning Commission Minutes �� 14 ��� EL-ECUTIVE SESSION Pursuant to Hawaii 'Revised Statutes Sections 92-4 and 92-5(a)(4), the Purpose of this executive session is to consult with the County's legal counsel on questions issues status and procedural matters. This consultation involves the consideration of the powers, duties privileges, immunities and/or liabilities of the Planning Commission and the County as they relate to Federal Telecommunications Act of 1996 and Class IV Zoning Permit Z-IV-2013-12,Use Permit U-2013-11 and Variance Permit V-2013-4, Tax Map Key 5-2-004: 102, Kilauea Kauai = New Cingular Wireless PCS LLC (AT&T) On the motion by Herman Texeira and seconded by Amy Mendonca to move into executive session, the motion carried by unanimous voice vote. The Commission moved into executive session at 9:10 a.m. The Commission reconvened the regular meeting at 9:56 a.m. MINUTES of the meeting(s) of the Planninlz Commission Special Meeting of February 26, 2013, Regular Meeting of February 26 2013 and Regular Meeting of March 12, 2013 Oft the motio ry Herman Texeir^a and seconded by.Amy Men onca to approve the iIijl ?t}�t �, �¢f the speciI meeting of Febt 1Hy 2(9,) 20 2, sand the regi lai 1� :ot >I}i dill{f11 ��Rt �eP,��°u n x ,2013, arii�l Oie ftjotio carried by unar){tli ius Mgt( AYE Isis ➢�,. ��J, :L I' ;L TEM,!.i,FORTHERY± C()E;ID There were no ,items for the record, HIyARINGS AND PUBLIC COMMENT Continued Agency Hearing Class IV Zoning Permit Z-IV-2013-12, Use Pen-nit U-2013-11 and Variance Permit V- 2013-4 to allow installation and height variance for an 80 ft. high monopine tower that includes twelve (12)panel antem7as on a parcel situated in Kilauea, along the western side of Kilauea Lighthouse Road, immediately adjacent to the Kauai Christian Academy facility, further identified as Tax Map Key 5-2-004:102, and affecting a portion of a larger parcel approx. 13.203 acres in size =New Cingular Wireless PCS, LLC(AT&T Mr. Dahilig noted the receipt of written testimony in support of the application from Shannon Schmeling, John Pfendler, Kahala Knopp, Leighton Cabreira Jr., Kalena Estrella,Anita McCarthy, Kathleen Beverly, Shawnita Cabreira, Ron Knopp, Kapeka Estrella, D. Santos, D. Kaluahine and M. Kaluahine, and Pat Schrader. He noted receipt of an email in opposition from 2 V:A2013 Master Files\CommissionsVPlwming\Minutes\2013-3-27 Punning Commission M6mtes Sarah and Raymond Asuncion. He also noted the receipt of letters of opposition from Stephany Luellen, Jennifer Chohlis, Keani Kilauea, Courtney Dowling, Michael Mons, Kelly Kaona, David Taylor, Rebecca Pickett, Brittany Beers, Anna Lipkin, Joshua Kamalani, Bobbi McCoy, Drank Cano, James Monroe, Kance Paple, John-Paul Gordon, Thomas Passerella, Sheena(last name illegible), Kaliko Caireira, David Ward and Elli Ward, an email in opposition from Dina Schneider, a letter and an email in opposition from Nicole McKamey, and an email with two Letters of opposition from Felicia Cowden, a transmittal in opposition from Lori Patch with an attachment, letters in opposition from Peter Thayer, Jolan Jones and Zoran Tasic, Edward Marrlta and Alice Murata, and additional attachments from Felicia Cowden regading real estate values. The Commission received testimony from Kathleen Beverly, a resident of Kilauea town. Ms. Beverly stated that she is in favor of the AT&T tower in the rural location picked for service. It will be out of sight from all of Kilauea and away from the general public. There have been ridiculous accusations of children and adults getting sicknesses from the towers that supposedly emit harmful and fatal emissions, but there is no proof or facts to substantiate the l+ n, dI isjr4lons. The present tower has been tl}ete al least: 10 years and there prove both no riksos hf 1 �e I i tilt adnkts that Ir ve gotten sick frc ran ten a tower or any other 1ow�j) ; 7 h�e9 I Vr 11ii 1 ll l lU' l 1 �' ii olin kgimngis a suA; they are, adj�l i tedjy llsift' cell pbOnes for Ilul lonoj, �9{� ��Ih1 ,ri 1111 I' luc �y se,but do rot waist the cell to lV rs�luat of le needed for that a tai Wfit,i 9 cell �p O rq Ein 011 1i�1i� liwould a(antyour cell phopPwoll�ing efficiently. C11tow,�c"lssh4�ls Ile+�le�h ��I�r�N ti�!oi 't ( )6ople. The p�eopledontwar,'Gtac,,ffl owe'r but want their cell lu�lpnelu. �1k �t��l 14� ei�frl;��11,.ypocritical. The Cormnisskn received testimony from Lori Patch from Kilauea Estates, Ms. Patch stated that she lives next to the proposed 80', 8-story, cell tower that will be disguised as pine tree and she did not see how it would be out of sight of everybody. She stated that she represents an entire community who strongly opposes a variance. She requested the Commission not to defer as requested by the applicant as their representative is present. The efforts to say no to the variance have received incredible community support by email, phone calls, as well as a wealth of information on rights. They requested not giving merit to the random signatures collected by AT&T. There are other places to put the tower. The North Shore Development Plan Ordinance, Section E.1., is clear about the 25' limit in all districts. The language requires prior review and recommendation by the North Shore Improvement Advisory Committee that the Mayor has not yet created. Until then,the permit cannot be granted. AT&T states on its report that permitted heights in agricultural districts are 50 feet with an additional 20 feet allowed to regulate the utility poles. The 50 foot limit in the CZO is superseded by the North Shore Plan. She questioned if AT&T has done any studies that prove there are no dangers of radiation. She questioned the regulation of the towers and the specifications for the attachments. She questioned if AT&T would be able to lease the space to more companies. She noted that in January 2002, a small village in Spain secured a court order to remove 36 mobile transmitters installed in a building 50 meters from their local primary school. In l8 months, children developed leukemia and Hodgkin's disease and before then, there had not been a single childhood cancer in 32 years. She noted that she is a cancer survivor and needs to research the reason she got cancer living in Kilauea for 25 years. In a democracy, the people are vested with the ulthnate decision malting power. Governmental agencies exist to aid the people in the formation and the conduct of public policy. The land owner is ready, willing and able to a profit Rul n a corporation with total disregard for the community. They are aware that the County cannot use the dangers in the consideration of passing the variance of what would result in 24 lioprs of saturated electro-magnetic radiation. The regulations and zoning standards prescribed in Ilie CZO are intended to regulate development to ensure its compatibility with the overall character of the island. They have done their due diligence and ask the land owner not to lease file land. They requested setting precedence that the community has a voice in the responsibility of the locations of the massive structures. 3 V:\2(113 Masi or PilesA Commissions\Planning\NLuutesA20133-27 Planning Conmussion Minutes Commissioner Blake questioned if she would have the same objections if the tower was lower than 80 feet or if she does not want any tower at all. Ms Patch stated that she was told by an AT&T representative that there would be a fence l j prgperty wi�a dvatning siglq ililhcali..iig rgdiation, She is cono^l•ned ilbul I1+1 rt+� �+ ly� k i �he�N� the tower. She was told t1lat l�lO` wll ld 1:ie saferfor the peopi4 [i ci�llaart it� it��t�44 shi:; Would tether Ube put uppt. ielftouijj.ains. u lu ll �,NI iereceivedihlr Q be but they h � ttulatidWliltlrjjjikdy c lvolldpoaJlyea:; 5fo tt verblcal I kl lll,O xkll1 hk3 7ainI Y, ' it Chair Katayama clarified that the variance is focused on the additional 10 feet, He quelitioned if she woulll still be opposed if the height limitation did not require a variance, Ms. Patch stated that it is a good question because they are using the law which states that the limit is 25 feet in a rural community. She would need to research her answer. The Commission received testimony from Thomas Patch, lifelong Kilauea resident. Mr. Patch stated that the proposed variance is unlawful, }unethical, an unacceptable. It violates every zoning code ordinance for the County and the North Shore Development Plan, It is unethical due to the wide array of correlation of medical issues whether they want to deny it or not. It is beyond an issue of legality, but an issue of morality. It is unacceptable on the fact of a general consensus of the majority of Kilauea saying that they don't want it. Regarding the labels of hypocrisy, he would be a hypocrite if he was receiving $10,000 a month and told the lighthouse fellowship that they couldn't do it. A cell phone and a tower are two different things. They are placed in the mountains all the tune. He did not feel it was reasonable to have an 80 foot synthetic structure when they cut down most of the trees in Kilauea. The Commission received testimony from Tom Picket, representing the Kilauea Neighborhood Association. Mr. Pickett stated that at the last meeting there were concerned citizens mentioning the cell tower was proceeding with permits. Two years ago, the representative for AT&T explained that.they were preparing to apply for a tower. The promise was that they would get back to the association when they had a lease, but they have not heard from them. They are requesting that the Corpimission defer action until AT&T can bring what they promised to the Kilauea Neighborhood Association meeting and allow the association to get the facts straight. The Commission received testimony from Felicia. Cowden. Ms. Cowden stated that she helped with the North Shore Development Plan and General Ilan update. When the outcome of the plans is ignored, it is discouraging that there is any locally based leadership. It is important to give them credibility. There is a 25' height limit in all districts on the North Shore. There is a 50' limit in agricultural zones,but it is overridden by ills North Shore Development Plan. She has canvased the neighborhood and there area lot of roblelns; memory, sleep apnea,pace makers, enlarged hearts, children with asthma. They have wealth issues already. It is ironic and unfortunate that the metal, hollow shelled, church would Voluntarily place a more powerful 4G tower along it. The tower is putting out radiant energy for miles. They are in a microwave. Eating corn Chex that may not be organic is not the same as livf lag next to Glyphosate being sprayed on an upwind farm. The cell tower is like the Glyphosate being sprayed. There is a precedence that will be set when they allow a cell tower next to a dense neighborhood. They are strongly opposing it. They belong on a knoll, up and above the houses and away from people. 4 V:\2013 Master Files\Commissions\Plaiming\MiuutesA2013-3-27 Planning Commission Minutes Mr. Dahilig ast ed for clarification Chat Ms. Cowden was on the Nor(h Shore Oe 4 elopment Plan Committee. Ms. Cowden stated that the helped. She was the President of the North Shore Business Council after the hurricane. She would rather the tower be at 80' than 60' because 80' is safer. 25' would be horrific. It shouldn't be there. The Commission received testimony from Garetti Purdue. Ms. Purdue stated that she is testifying against the AT&T tower. The surrounding areas are the playground for her family and are a sanctuary for fragile wildlife; nene and shearwater, which are already endangered. She requested that the Commission withdraw the proposal and do what is pono for the ohana and aina and do what is right in their hearts so they can feel good about it for the rest of their lives. She requested that they perpetuate life, do what is right, show some love, and say no to the harmful radiation tower. She hopes they don't have to have the sore thumb there when she goes walling, and spending her weekends at church. The Commission received testimony from Angela Flyma of Kapaa. Ms. Flynn stated that she is a new resident on Kauai but is not new to the issue of microwave exposure from wireless communications. In 2007 she moved into a house that was 300 feet from a set of antenna. After a year she could not sleep at night, was exhausted all the time, had memory problems, and achy muscles, which are common problems people have when Iboy get near the cell towers. The World Health Organization has epidemiological studies on cell lowers that show these types of reactions including increased cancer incidences the closer they are to cell towers. There is a lot of science in spite of the fact that people have not investigated it., The bio initiative report first came out in 2007 and they did a recent update in 2012 reviewing 1800 studies and recommend keeping exposures to this kind of energy at .001 microwatts per corithneter square. The FCC allows 1000 microwatts per centimeter square. China, Russia, Italy, Switzerland, and Monaco, have reduced it to 10 rnicrowatts. There is a huge variance in whiat they are told is safe and what independent researchers are finding from the exposure studies that show damages from much lower levels. There are a lot of issues and to have a tower like this close to school property should be criminal. They don't belong in the neighborhoods and Whould be sited far from homes and far from where people spend a lot of thne. It is not in the purview of the Commission to make health decisions,but they do have the purview of denying [lie application within the legal means. The Commission received testimony from Hope Kallai. Ms. Kallai read her written testimony into the record (on file). She requested that the Commission reject this project. There has been no EIS on the project that has serious potential to negatively impact the environment with adverse effects to endangered species, socio economics, environmental justice, and a major visual intrusion to the most precious view plane asset of the Kilauea area. Across Lighthouse Road from the project is the proposed Kilauea agricultural park with 30 years in the planning. An EA was prepared in 2011 for the park that identified the endangered species for the area. The greatest potential for impact by this proposed cell tower will be to the endangered Hoary Hawaiian bat, the ope'ape'a which uses echo location to hunt and find traditional roost sites. hnpact to this critically endangered species which only nest on Kauai and Hawaii islands roust be considered by a preparation of an EA before the construction of this project. The Kauai General Plait and Kilauea area plan identify the Kilauea Plateau as an important view plane. The 80' tower is a significant intrusion to the view plane asset of Kilauea. The General Plan notes that building high on the slopes on Crater Hill detracts from its appearance and its value as a land marl. The 80' rhonopine cell tower is in the scenic view set. Any impact must be considered for the social economic impacts to the area. This parcel was 5 V:A2013 Master PilesA Commissions APlannuagAMinutes\2013-3-27 Planning Comurission Minutes dedicated agricultural and has received substantial tax breaks. She questioned what crops are being produced on the property that is permitted as a single family residence that operates as a church. She questioned if the agricultural production ability would be impacted by the withdrawal of land for the tower and if the contiguous properties would be allowed to continue farming. She questioned if the other CPR owners have signed off and if 80' towers are considered in the covenants. She questioned if the church was permitted. The environmental justice impacts of the project must be considered including real and perceived impacts. She questioned the density and if the contiguous properties could have 80' towers and the frequencies that will be allowed. The project was supposed to return to the Kilauea Neighborhood Association with further information. It needs further consideration by the neighbors and Commission with at environmental assessment and a full public hearing process. Mr. Dahilig noised that they were in receipt of a letter from the applicant. Staff Planner Kaaina hull stated that the applicant is requesting that action be deferred but would have no problem with closing the public hearing if that is the prerogative of the Commission. William Keoni Fox, representing the applicant, stated that they are requesting deferral of anti on rather than deferring the hearing itself because they would like another opportunity to tvash out to the opponents. There was a community meeting in March 2011 where they PlIcTosed the location and design. At the time there were 3 or q people who spoke out against the €a:pplicatioti and the concerns were addressed, They sent out a notice to 85 property owners within 300 feet of the parcel inviting them to the meeting'in March 2011 and there were about 80 or 90 people. Because there were few people who spoke out against the project, they moved forward with the application. He rarely finds them in a position where they receive a lot of opposition. He would like an opportunity to address their concerns. He is requesting time on the Neighborhood Association's April 2 agenda and then a follow-up at the next Commission nrocting on April 9. Mr. Dahilig stated that the agency hearing was continued from the last meeting. The Department would be comfortable recommending the hearing be closed but the concern was with the comments made by the applicant to have more outreach. They would Binge the deferral based on a waiver from the applicant concerning mandatory action from the date of the close of the agency hearing. Mr. Hull clarified that the Commission has 60 days to take action on an agenda item. If the applicant is requesting more time, the Department is requesting that the applicant waive the time line requirements pursuant to Chapter 8 of the Kauai County Code, Mr. Fox agreed to waive the requirement. Commissioner Mendonca stated that the applicant has made an effort to work with the community. She questioned the possibility of retracting the application and starting again after the community outreach, Her impression is that they have not had enough time to discuss the community's concerns and ideas. The community seems concerned and it may be a good time to start a good relationship with the community and listen to their concerns first. Mr. Fox agreed that is a good opportunity for outreach, but he would rather not withdraw the application. If he is able to address the concerns,hopefully he can change their minds. There seems to be misunderstandings and misconceptions. He noticed there has been a lot of change on the Neighborhood Board and new people in the community. Many who spoke up against the project were invited to the meeting and he did not understand why they didn't speak up previously. He didn't want to withdraw the application because it has actually taken two years to propose the application. 6 V,A2013 Mwor PilesA C,ommissions\Plmuiing\MinutesA2013-3,27 Planning Commission Minutes Commissioner Mendonea questioned if the people who are signing in favor of the project are residents of Kilauea. Mr. Fox stated that some of the supporters live there, and others go to church, work, or travel through the community. The antenna is not only to provide service for those who live in Kijauea but everyone who travels through there. Many visitors go to the lighthouse and may used to make calls. Mr. Dahilig noted that all but four support letters either had a Kilauea or Princeville Fldclresr;. Commissioner Blake questioned the location of the current antennae. Mr. F'ox stated that it is co-located on an 80' KIUC wood pole at the end of Nihi Road, next the Kilauea Japanese Cemetery. Cot u issioner Blake questioned the need for another antenna. Mr. Fox stated that the facility is not a separate parcel, but an easement that KIUC has with the County. AT&T's predecessor piggy backed on that easement for very limited equipment after the hurricane for cormmunication services. They have looked at other possibilities but ended up staying there. There is limited 3G and 2G service from that tower that can only accommodate 20 to 30 calls at a time. If people are downloading or texting and someone needs to make a call,they won't be able to get through, including 911 calls. AT&T is currently in the process of upgrading all facilities for 4G service. Deputy County Attorney Jung suggested reserving questions for when the application is taken up under business. Mr. Dahilig suggested closing the agency hearing and then either deliberating before taking action to defer or defer action at this time. Commissioner Blake clarified that the recommendation is to close the hearing. He questioned how it pertained to the deferral. Mr. Dahilig stand that the deferral pertains to the action. The application will come up under new business, bd t the applicant is requesting that no action be taken. Commissioner Blake questioned the reason for requesting the deferral. Mr. Dahilig stated that it sounds like the applicant would like to engage in educational. activities in terms of public outreach. They had gone through the process, but there are still issues they would like to address. Commissioner Blake questioned if there is anything the County is requesting that the applicant address specifically. �V)j-. ahilig staed that there may 1;2i adju'surici is to the Departmt tot's teo: ij,iilk+oui ii11�X;i�Pa:�,. cle 'eat °a. �'�ou1d aid.>he De17arhnen� as golf. 1.6n�uOsioner Texeira questio��led f the public would shIl be: ablo �o tesilly ihc mg. 7 V:A2013 Minster PilesA Commissions\Plaiwing\MinutesA20i3-3-27 Planning Commission Minutes Deputy County Attorney Jung stated that under HRS Chapter 92, the agency hearing is a tIeporate process within Commission rules. It Is a formality under the rules on how to proceed, [)ut folder State law,the public call still testify on the agenda item. On the motion by Amy Mendnnca and seconded by Hartwell Blake to close agency hearing, the motion carried by unanimous voice vote. New Agency Hearing Class W Zoning Permit Z-IV-2013-13 to perm t the construction of a dialysis treatment- facility and several office buildings on a parcel situated in Lihue along the norther side of the A hukini Road/Elva Street intersection further identified as Tax Map Key 3-7-001. 034 and containing a total area of 3.223 acres=HRT Realt,, LLC Mr. Dahilig disclosed that his mother is a dialysis nurse and has worked for Liberty Dialysis at one point in her life. She is no longer an employee. There was no public testimony. On the motion by Jan Kimura and seconded by Heirman Texeira to close agency hearing, the motion carried by unanimous voice vote. Continued Public Hearing (NONE) New Public Hearing (NONE) All Public Testimony Pursuant to HRS 92 \iolhiicahon of C ass IV Zomng Ped t Z W-2008-06,! Use Permit I, 1 100 �f nl9 itt "41rea Use'_. er tiit SMA U� 2'' to c ,:nshuct a as nanager_�t k 1 set CII',!t� 11�1a1�� lfll:all� ISa.�' "Ib a larcel sr1: 'ate on the h1 '1ACIs e o�'_ ahrli '�u rr og1� �� lt!s`if the Kilaue L�;Ro�.d/T�ahah h{{t� Ro�ld irl.� isecti n, further iS�.�tl� x_035 and containing a{o{slat' �of r4 x. 157-.8 acres °.(� Ad1�e,M 11 . i��dddfdl6l'S�)6 ufa ua Srt 11� phase ILL(-. The Connnission received testil;nony from Tom Pickett of the X ilaLl(,a Neighborhood. A weiation. Mr. Pickett stated that there were promises made and the Kilauea Neighborhood Association needs to have a discussion at their next meeting. They would request that the Coninrission consider this item for the April 9 meeting. They may be subanitting a letter of opinion or filing for intervention. The Commission received testimony from Bill Chase. 8 V A2013 Master FilesV Commissions\PlanningAMinutesA2013-3-27 Plamaing Commission Minutes Mr. Chase stated that it is a big issue in the community. They received 50 pages of an application, 55 pages of the Director's report, and for a community group, three weeks to a public hearing is tight to understand and digest what has been offered. The community would like a chance to evaluate all the information and come back with an equally thorough, competent and balanced response. The Commission regularly requires applicants to present their concerns directly to the Kilauea Neighborhood Association. Given the significance of the request to the community, it is surprising that Mr. Somers has been spared the golden opportunity to speak directly to the community. They would welcome his presence at any of their upcoming meetings and.request that the Commission postpone the public hearing for at least one more month so the association can have a second meeting. C NSENT CALENDAR Status Reports Status Report No. 4 (2012) for Project Development Use Permit PDU-2007-24 and Class IV Zoning Permit Z-IV-2007-28 Tax map Key 2-6-004.019 (Por ) Koloa Kauai=Kukuiula Development Company (Hawaii) LLC ptjector'sReroe)fts .forProiect(�.!.1 reed e forAga„nc IIel!rinti.�tLz (lIVU �V(Ixificatron o lasss 1`V Zonin l r r ? I) 2008-OJse Rerm]1 10(18::�� tlllll 11�11a'a Oi( irlal@ u�h ht Area Us F er 'nit SMA( J)-2,(,10 to c tnshue'I: nano er'fi � umsf wJ 1) 011�f&:40tio, �tlk'i ' j�ih� arcel srt: 'ate alon the hn 1 . seeKahr�i'� . ) �l�I' ll-1.fM l��il�l Ilt, .�. � , , 0. urr off_ itlY31 the KilaueliRoad/Kahth0u ), Ro�,ldi �}' ectim fort erii llGlfui,��I!'I itl � 111 'h Il, 035 and-containing atololl it a oi_�r�61.88 acres='hmA,s�_11, h'nrl2et^�.1j.' g�( tilitfgigt32 p(i'ase 1, ZLk7_. Shoreline Setback Activity Determination Shoreline Setback Commission Review SSCR-2013-13 and Shoreline Determinafion- SSI?-2013-29 for a shoreline activity determination Tax Map Key 2-8-017.005 Poipu Kauai foi, acceptance by Commission=Evan Goldberg On the motion by Jan Kimura and seconded by Herman Texcira to accept the items on the consent calendar, the motion carried by unanimous voice vote. NEW BUSINESS (For Action) Class IV Zoning Permit Z-IV-2013-13 to permit the construction of a dialysis treatment facility and several office buildings on a parcel situated in Lihue along the northern side of the Ahukmi Road/Elua Street intersection, further identified as Tax Mn Key 3-7-001: 034, and containing a total area of 3.223 acres=HRT Realty LLC Staff Planner Kaaina Hull read the Director's report into the record (on file). 9 VA2013 MPster Hites VCommissions\PlanningAMinutes\2013:3-27 Planning Commission Minutes Lloyd Sueda, the architect representing the Harry and Jeanette Weinberg Foundation, and Maureen Naganuma, Director of Facility Development for Liberty Dialysis, stated that they had no problems with the Director's report. Mr. Sueda stated that they are proposing a Class IV permit for the entire development, but until there is a need for additional office or retail, they would like to concentrate on Phase 1. They were proposing a 9,000 square foot facility that needs 27 stalls. They are going provide at least 40 stalls. Due to the need,they are looking at enlarging the facility to 10,000 square feet. He,noted that they built a new facility on Maui that turned out to be a great development. N/18. Naganuma stated that she has Been a ,ith Dialysis in Hawaii l o l over 4 0 4 G iy e pi V it y Ohl t 11�ameis Medica� Center. She l allL ged (lie Kauai clinic front 19 ) ( t 9l )�� ttllr i I I ljl lfV al l ail1 bit tint% they had to reloe4te 50 pa�ienlE ; off island to continue their 1tcliitrtlelik 1 b! � 111'!rc at Ir i Ivii nlxuwded. 11 stations are able 6 handle C 7atiehts et}chfrom °Mild) arll� to 1 � illl II jq� O a t rei 9h% full. l9ue to the boimdari� s albs res�rictions o, he parl,iq, 1'bvy egvj rlr,il-('tfik k O°i nli of 11 e current f4operty, The building is termite eaten and they have done Vvhaleva (cloy oollld to repair the dardage,but they aril unable to tent the building because they are not able to o1rime down for 48 hours,. Commissioner Kimura clarified that they are proposing a new building. Ms.Naganuma stated that the plan is to look at development and the Harry and Jeanette Weinberg Foundation is willing to put up a clinic. She would like to design 24 stations that will provide for anyone who needs dialysis for many years. More patients are requesting to go on home dialysis. She would like to build a training room and office area so that option can be given to patients on Kauai. They also service the patients in KVMH and have been here since 1977. Commissioner Kimura agreed that more dialysis units are needed and he supports the project. Commissioner Blake asked for clarification that more patients are asking for home dialysis. Ms. Naganuma stated that they find that people who don't need to go into a facility three Limes a week have healthier lifestyles. She noted that each treatment takes about 4 hours. Commissioner Blake questioned why anyone would want to go to a facility if they can have the equipment at home. Ms. Naganuma stated that 95% of patients would go to a clinic because they don't want (o bother with doing the treatment at home and want a professional to take care of them. They world be trained on how to do it,but most patients and their families would opt to go to a facility. There are patients who are full time workers and it would be more convenient for them to (to it three times a week at home. There is a form called peritoneal dialysis in which the fluid cxclianges in the abdomen while they are sleeping. The other type is a hemo-dialysis in which 10 V:AD13 Master PilesA Commissions\PlmDing\I,4inutes\2013-3-27 Planning Commission Minutes blood is circulated through a machine. The centers are equipped with hemo-dialysis. The Rtl,t109 ytns and toxins Eire brought bac�to trornia,al levels when they leave rhalysls, I 1coy 9 r �, 4y r day in order�:o 'Sustain l fe. D inm}issioner T'exeira noted that tlrp deftlogtrr�9phics of tine island part: obmvily, (k j q,,i 13tlo air i A jio w that impacts;the demand ) l dia[.ysis. Min. Naganuma stated that between 651/0 and 75% of patients are diabetics. I?very labpratory in Hawaii hna to test for glometular filtration rate that will tell the physician whether a patient is experiencing kidney disease. There are nurse practitioners that educate people. Most of the population on dialysis is already at stage 5 and the damage to the kidneys cannot be reversed. They find a higher percentage of kidney disease in Native Americans and in Hawaiians, but diabetes and hypertension knows no barriers. Every race in Hawaii is affected. Commissioner Texeira questioned if the new facility will allow more prevention outreach. Ms. Naganuma stated that they would work hand in hand with the National Kidney Foundation that receives State and Federal funds to educate the communities. The staff on Kauai has attended many fairs to present this type of education to the public. Commissioner Texeira encouraged more community outreach so there can be more wellness on Kauai. Mr. Dahilig questioned if expansion of units require approval from the State Health Planning and Development Authority in terms of obtaining a Certificate of Need. Ms.Naganuma stated that the first step is approval from the Kauai Planning Commission. Thou they go to SHPDA to ask for relocation, They have a current certificate of need in perrornting the current services, so they would go for a relocation and change of address. Chair Katayama questioned the intended use for buildings iii, Phases 2 and 3. Mr. Sueda stated that because they have general commercial zoning, they are going to bt.d'ld to commercial building. They don't know what the needs will be. If there is no need for the next: d Ve or ten years, they will probably notbuild phase 2 or 3. If the need arises that would lok:o up abuilding, they will develop it at that time. . The Marry and Jeannette Weinberg Foundation own 80% or 90°% of the buildings on Kuhio Highway. Right now, they are still trying to lease some of the existing spaces. C,hair Katayarn a asked for clarification that it is not intended to be related to the medical support. Mr. Sueda stated that it could be anything that falls under general commercial. They just completed a 72,000 square foot medical facility on Maui. The Foundation's mission is to try to serve the poor and the needy. They gravitate toward non-profit uses. 11 V:A2013 Master FilesA Commissions\PlauningNiuutesA20133-27 Plamiiug Commission Minutes Mr. Hull clarified that should there be any uses that are not permitted within the general commercial district, either they would be denied outright or they would have to request for a variance or use permit. Chair Katayama stated that Phase 1 is dedicated in support of Liberty. Phases 2 and 3 are for other uses, but the representation has been made that it is for non-profit kinds of ventures. Commissioner Texeira asked for clarification on Phases 2 and 3 and if the commercial activities would be in support of the medical facility. Mr. Sueda stated that their focus was to get Liberty Dialysis operating. They still have an existing Class IV permit on Kauai Freight and they may want to build other buildings. If they can find a need and a user, they will build it, but they would be unable to specify a use at this time. Commnissioner Texeira stated that he would be more inclined to support a medical facility than a retail commercial operation. Commissioner Kimura questioned if the Commission allows the construction of all three �rhOses at once, if they could place conditions that in order to lease Phase 2 and 3 it would have in fmr through the Commission or Planning Department because the term commercial is broad. Mr. Hull noted that it is standard operation whenever there is a change in use. Chair Katayama.clarified that Commissioner Kimura is requesting charitable uses. Commissioner Kimura requested limitations on commmercial use,not just any commercial uses. Deputy County Attorney Jung stated that the Commission can look at the type of uses as it relates to commercial use, but the zoning authority lies with the County Council. If one of the uses tits within the specific designation of a use under the list of commercial uses in the CZO, then it is hard for the Commission to usurp that power away. Commissioner Kimura questioned if it would justify not going through Council if the applicant agrees to the conditions. Deputy County Attorney Jung stated that if they are asking to restrict the use whether it is for profit or non-profit, it is for use of the land for commercial purposes. Whether they make a profit or not is irrelevant to the Commission's decision making because it is a commercial activity. Conunissioner Kimura stated that if the Plainung Department justifies this particular business being there, that is okay. He stated that he would like to limit the commercial activity. 12 V;A20I3 Master FilesV Commissions\Planning\Miiiutes\20133-27 Planning Commission Minutes Mr. Dabilig stated that as much as the Department may have certain expertise in land use mechanisms, they are not the policy body. The County Council sets forth lists as to what is allowable in areas that they have designated as commercial and that is the list the Department has to follow. The Department looks at circumstances to limit and mitigate the implementation of that list based on commercial zone such as traffic. They cannot discern things on the list that they like or don't like. . Commissioner;Kimura stated that Phase 1 is in the middle of Phase 2 and 3. He questioned the dust when Phases 2 or 3 are allowed. Mr. Dahilig stated that would be a private maintenance issue, Commissioner l'imura stated that he was thinking of the patients doing the dialysis. He would think that it should be as calm and quiet as possible. He questioned if construction on oWler side would jeopardize the patients. If Phases 1, 2 or 3 are approved all at once, he questioned if the Council would be able to place some kind of regulation on who the tenants would be. Deputy County Attorney Jung stated that County zoning is general zoning regulatory control. They don't get into specifics of who can do what where;just how and what type of activity can be done. I,fn phased development, it is inherent that there would be construction around it.. Commissioner Kimura noted that there would be construction on all three sides if they are not all approved at the same time. Deputy County Attorney Jung stated that best management practices with dust fences, are regulated by the Department of Health. Commissioner Kimura felt that noise and construction would still affect the patients. Mr. Hull stated that they can appreciate his concern for the mamler in which a site may be developed and whether it is approved all, at once or piece meal. It would ultimately fall Iupon the land owner as to the stages in which they will develop. Even if approved for all phases at once, the land owner could pull a permit for one building, then permits for subsequent buildings later on. Commissioner Kimura stated that he has relatives with diabetes and it is not an easy process to go through. Mr. Dahilig noted that dialysis machines are very noisy and many patients listen to music with ear phones. The tenant is aware of the other things that will be going on as the project is built out. If they are concerned about certain conditions, they can be arranged through private agreement between the tenant and land owner. (3 PiIPSICommissio�is'1P1auningNdn�utes�2013-34.)Tiannil�g Cc�i{iilssion l fnutc:s Mt. Sueda stated that most of the major infrastructure, parking and driveway will be Nis Ica11y done in Phase 1. Phase 2 is basically a pad space. Building A would be on the other side of the road that has traffic going to Wal-Mart. The building on Maui was also built in three phases. Adjacent to thetas they recently built a 10,000 square foot concrete building and a 24,000 s gi1are:foot building adjacent. He did not think there were any problems. Phase 2 would be all 1410 stub out utilities. He did not feel the patients would be affected. Commissioner Kimura stated that if they felt it wouldn't affect the patients, then he did not see a problem. Mr. Sueda assured that it shouldn't be a problem. Commissioner Mendonca questioned if there was a need for something relative, such as another medical building and if this was large enough space. Mr. Sueda stated that if there is a needed used they would modify and come back to the Commission. They can probably shift around buildings,but not exceed. Mr. Hull stated that if the Commission passes the recommendation that is being given by the Department, there is certain leeway to work with the applicant to shift buildings. If it goes over what was proposed, it will be the Director's discretion to have the item brought before the Commission. They will be working with the application in the siting of the buildings. As recommended in the conditions of approval, siting needs to adhere to the Lihue Town Core Plan. There are issues that to a certain degree conflict with the plan but it is within Code and they can work within building permit review. They are ultimately recommending that the Commission give the Department further authority to implement the building permit review. Mr. Dahilig noted that there were agency comments. Mr. Hull noted that the Department of Transportation long range plan has a realignment of Ahulcim Road that the Department is recommending the applicant be put on notice. They have not received official comments from the Department of Transportation. It is up to the Commission whether they want the Department to handle it in house during the building permit review. Chair Katayama questioned if the Department of Transportation has acquired the right of way to The necessary easements for that realignment. Hull stated That he did not befi0ve s�1w.. Jiajr katayama clarified that they would neod to go through soli w �i tad i.:i 1411 i liii9c-l a>�r plr., questionedhowtlieLihueiT OMA]ICis,reUt.banbt.�,siginPlanvilasticisl,[ieilt{u illof iinl,;Jttplan as presented. Mr. Hull stated that there were issues with how the site development plan was presented dial could potentially conflict with the Lihue Town Core Plan such as the entrances and what 14 V',A2013 Messer Piles ACommissions\PlanningVMfiiutes\2013-3-27 Planning Commission Minutes constitutes overall street frontage buildings as well as the number of parking and the landscaping. The Department also needs to assess the likelihood of the realignment. Chair Katayania noted that Phase 1 would be immediate. He questioned how the Department would resolve the issues. Mr. Hull stated that they are recommending that it be resolved during building permit review when they get into the specifics of what they need and want. Mr. Sueda stated that he can agree with all of the conditions. He will address the future street frontage issues. He felt it should be dictated by the Planning Department and he will work with the Department. Commissioner Kimura recommended that the Department deal with whatever is necessary for the recommendations from Department of Transportation. Mr. Dahilig stated that they would look at condition number 8. The Department would handle any issues from the Department of Transportation and the applicant would be responsible for handling it. On the motion by Jan Kimura and seconded by Amy Mendonea to approve the recommendations by the Department, the motion carried by unanimous voice vote. COMMITTEE REPORTS h ibtlivision 5>'I�t�jlvlsion(26rOrmiltee Chair�an jEirn4�ii r4 prtod that the fpllowli9g tee 01.kl 'o _lj i �y, }i,�i;�in J�dtion was appr)ved, 3-0: &,2(W-12, Joh�q TYK.. & Teresa S Brivcr, TMK: 1-2-008:003 On the motion, by Amy Mendonea and seconded by 13artwell Blake to accept the subdivision committee report, the motion carried by unanimous voice vote. N 'W BUSINESS For Action (Continued) Class IV Zoning Permit Z-IV-2013-12, Use Permit U-2013-11 and Variance Permit V- 2013-4 to allow installation and height variance for an 80 ft high monopine tower that includes twelve 12)panel antennas on a parcel situated in Kilauea along the western side of Kilauea Lighthouse Road, immediately adiacent to the Kaua'i Christian Academy facility, further identified as Tax Map Key 5-2-004. 102 and affecting aportion of a larger parcel approx. 13.203 acres in size =New Cingular Wireless PCS LLC CT&T) 15 V A2013 Mmter PilesVConunissionsAPlanning\Minutes\2013-3-27 Platming Commission Minutes Mr. Dahilig noted that the applicant is requesting a deferral, however to help aid the process,he suggested the Commission discuss issues with the applicant and then defer the item. Commissioner Kimura recused himself from this agenda item. Commissioner Blake asked for clarification that there is an existing facility that is insufficient to service the amount of clients on the north shore and they want another facility. Mr. Fox stated that they would be replacing the facility. They don't own the tower, and would be looking for a new home for the equipment. Commissioner Blake questioned the distance from the old facility. Mr. Fox stated that it is approximately'/a mile. Coinnnrissioner Blake questioned if there are any other cell phone facilities within the 114 mile that could share space without having to build their own. Mr. Fox stated that none of the existing facilities are sufficient and they would have to modify the facilities and enter into new agreements with the land owner. Commissioner E$lake stated tha. a pouple of years ago there seen d to bar rl X11+ 1��+ Ir1rl+Ili I rti h id a It��pphcatrons. Th, n ers would be going 11� � he time wl!�, to try to desi Baf�)at+: area s whe.e hey would 1')e +��4 hune.l. h 4 a +1I +'+i i iY �L( 117 �awen't move i � any closet to oal. If it �s more economical to n3idiWv Aul t�KNji�li,ld+ le to buir0h wl lane it�ew facility from tll++ +l inn 01140 'I. a� f�llOu . If there ise lw faciiitythatisoi��ing, lerliiestioned why theyhrlllnrld )Ulll91�kIr:+C�ii7n Mr. Fox.stated that they are obligated to look at all co-location opportunities before pt oPosing new facilities. They try to locale antennae on tall buildings; they are already perm tted hltr ctu,res, already built, cheaper construction, and easier to bide. There are no tall buildings 3:u auea but there are two existing towers and also a pole in front of the community that I lawaiian Telcom uses. The County has a tower on Crater Hill and KIUC owns an 80' pole at the end of Nihi Road where they are currently located. They originally tried to collocate on the Verizon facility that is a 50' tall metal pole but it is in the Japanese cemetery. The tower is too short, but it could be swapped out if Verizon were agreeable. Verizon didn't have enough lease area to accommodate the equipment so they reached out to the cemetery for additional space, but they were unresponsive-,. Two previous carriers were told that the cemetery was not interested in leasing more space. The second property they looked at is a 60' or 70' wood pole built by Sprint Nextel and T-Mobile is co-located on that tower at the 50' level. They would have to co-locate at the 40' level and it would not work for the system. Commissioner Blake questioned why they couldn't build a higher tower there. Mr, Fox stated that the ironwood trees are about 60'. T-Mobile and Sprint are not happy with the coverage from that facility. He was concerned how the neighbors would view a new tower there. They would be impacting the makai view planes of some neighbors. He would have to talk to the other CPR owners and would have to get Sprint and T-Mobile to agree to take down the equipment and put up something temporarily. Commissioner:Blake stated that it would behoove the cell phone industry to cooperate. Mr. Fox stated that there are many communities where they work together and co-locate. They have lease agreements and can do it easily. The problem here is that the current Vlrfrastructure cannot support the antennae and would have to be changed out. They did not have 16 V:013 Ill lister l�ilesA Commissions APlatmingAMimdes\2013-3-27 Planning Coiunussion Minutes enough lease area to accommodate the equipment. They would still need consent to lease additional ground space, Commissioner Blake questioned the needed ground space. Mr. Fox stated that they would need 30'x30'. There is an equipment shelter that is prefabricated that is a 12'x20' shelter and there is an emergency generator. The FCC requires a percentage of the facilities to operate during a power outage. Commissioner,Olake questioned how far the support facilities could exisk front flit 10\v(,,r, lVi'r. Fox stated fiat anything over 1, )0 feet would,probal:rly be too viii% Y�h ylll i ug l']8 k jIr ,.'G Ji l er�lri�re larger ca4)le aihd they stE r to t0se' tdgp 1. %arnn issioner =�Iakeq stated that bc:��ote�-ty?votes in favor of somH{Ili i,4€ ]lids 1f1i,e, Ito gara9.tlti li:to la{�y,dw that they hxplored every othet option. Mr. Fox stated That he could give a better presentation on April 9 with photos of areas tlic y have looked at wily they felt this was the best location. He is scheduled for the Nolghborhood Association meeting on April 2. Commissioner Mendonca questioned if the association might be more likely to listen retarding the current site than have a faction going back and forth with the new location. Mr. Fox stated that it might be possible that they might see it as a gesture of goodwill to allow them into the cemetery because of the divisive issue in the commutnty. He stated that if he knew there would be a large opposition to the location, he would have told AT&T to look elsewhere. He stated that they reached out to most of the people who submitted letters of opposition back in 2011. He met with one of them who was interested in leasing space at the time, so he was surprised. If they had to start from scratch again, he felt it would be another two years before they can solve the traffic problem on the existing site. AT&T is already thinking that they won't be able to accommodate 4G service, but more importantly, they can't accommodate the calls now. Commissioner Mendonca stated that she appreciates the efforts. She felt that the nature of humans is that as things move closer,there are awakenings and they become important. She felt that it is important to have a workable community situation. She questioned if they would be open to a completely different area. Mr. Fox stated that his concern is the timeline and that it would take another two years before they could prepare another application and negotiate a lease. They would have to start the process of environmental studies all over again. He will commit to approaching the cemetery again. Commissioner Mendonca stated that if the cemetery gives approval, he would still be wo tkin r with the community, and could later decide that they may want to go higher somewhere e1sti, ']'here is a reason why people come to the hearings, and respectfully for both sides, it is huportant that they try to see the best method to satisfy everyone. Commissioner Texeira questioned other wireless companies it their current site. Mr. Fox stated that there is only one pole that is owned by Verizon. Mr.Hull noted that the cemetery site has a Verizon pole that can accommodate one carrier. AT&T is on a site adjacent to the cemetery site on a KIUC pole, but the company they 17 V:A2013 Master files VCommissionsVPlanningAMinutes\20133-27 Planning Commission Minutes l u I f l:from,place�lltheir �tennae wi'j�dm 11.�pro, )riate perihits. They itiranwr I io to(, ki��q- Ilan. u� e1t� lI3Ii ildinnattempt�mgto ecureth t �itF, t #;yf� ndthe specific,palrol oatmOt ��IitipVrl�{l�v ,l �at theiregl�pment. Theeenieterysi�ead�acenthadexpresscil IAIot tl�0 Mqj )JtJt III l firII Sri loq.se additio a1 space which ,et hl minion AT&T's :d6t, Ccanimissioner'Fexeira questioned. If an ttgreernem were received from the ceinetery omociation, how long �t would take to install a new tower. Mr. Fox stated that it would still be a new location that would require lease negotiation, public notice, architectural drawings, and environmental studies. It would probably take at least a year. Mr. Hull stated that in light of what has happened, he agrees that perhaps they should try to determine if the cemetery would be willing to work with then, but he pointed out that when they first came in to look at sites outside of the KIUC easement,the Depar-tnent was pretty:Pain in saying that they would like them to co-locate at the cemetery as much as possible. A lot of the two years involved negotiating with the cemetery site. Mr. Dahilig stated that when the Department has had discussions with potential applicants on potential sites they tell them that if they are seeking a positive recommendation, the Department is looking at co-location as a priority first. It was an exercise they had gone through, but it depends on a willing landowner situation. As policy guidance, they insist on co-location or direct vicinity of an pole that is already there. Commissioner Blake asked for clarification that the KIUC pole was not viable. Mr. Hull stated that it was viable for the previous holder of the antennae at that tine,but it can only accommodate 20 or 30 calls. FCC has requirements now that the telecommunication Illel lities have emergency generators in order to deal with emergency situations such as post- It irricanes. It was a post Hurricane Katrina decision. The KTUC site is too small to facilitate fllat requirement. They could use the cemetery space, but they were not willing to 'lease the additional ground space, Commissioner Mendonca asked for clarification that the K1UC site cannot accommodate kl 347'x30' area. Mt'. Hull noted that the KIUC site is an easement that KIUC has located a pole. In attempting to have it meet all of standards including the emergency generator, it could not be aoconuliodated. Commissioner Mendonca asked for clarification that the adjacent cemetery would have been sufficient space if they had approved. Mr. Fox noted that he was not sure if all of the space had head stones. Mr. Hull stated that the Department strongly encouraged AT&T to try to secure that site, but it was also fairly contentious. is V:A2013 Master FilesV Commissions APlanningAMinates\2013-3-27 Planning Commission Minutes Mr. Fox sated that he will definitely make an effort to reach out to the cemetery again. He canvased the area, and approached the owners of the Sea Cliff area and there was one that didn't want the tower anywhere near his house, but he agreed that it would be worth the effort to try again. Chair Katayama stated that this situation is ag zoned land, and there is a special use permit for a school for a portion of that parcel. He questioned if the antenna is proposed outside of that. Mr. Hull stated that it is on the same lot of record but a different CPR unit. Chair Katayama questioned the ownership of the unit. Mr. Hull stated that the church owns the unit. It is a different entity from the school. Chair Katayama stated that the Department's recommendation is to defer action. Mr. Hull noted that as soon as the applicant has met with the community, the Department cuts schedule the next meeting. Mr. Dahilig noted they did a waiver on the timeline. On the motion by Amy Mendonca and seconded by Herman Texeira to defer action, All were its favor by unanimous voice vote. QXjNERAL BUSINESS MATTERS Presentation of Draft Final Impor°Ca�stA¢ricultu�°al Lands Stlad�port Mr. Dahilig noted that Long Range Planners Leanora Kaiaokamalie and Peter Nakamura were presenting the draft of the final. They want to give the Commission the opportunity to provide input as they finalize the report. Ms. Kaiaokamalie displayed a PowerPoint presentation (on file). She noted that they have been working on this project for about five years. Commissioner Texeira asked for eldrification that the water criteria are based on the current availability of water throughout the island that services agriculture. Ms. Kaiaokamalie stated that the water criteria was based on rain, streams, ditches, wells, reservoir's and they also got information about the reservoirs and wells that were deconnnissioned and which were actually broken down versus still intact. They used satellite and aerial photos back to the 80s. 19 V:A2013 Master Files AColmnissions\Plmnning\Minutes\2013-3-27 Planning Cmmnission Minutes Commissioner Texeira stated that at the height of the plantation era there was more water available because of the intricacies and development of the ditch system, Now it is no longer available. Ms. Kaiaokamalie stated that there is opportunity through incentives to try to move some of(lie money toward improvements of the water infrastructure. Commissioner Texeira stated that water is critical to infrastructure. Ms. Kaiaokaralie stated that it was essential when considering lands to designated to cjimilre that it had available water. Commissioner Texeira questioned what should have been done to preserve them. He stated That they are losing the ditches as the years go on. It seems they should be preserving in parallel to the IAL study. Ms. Kaiaokamaliie stated that they updated the water data as a result of this study and their inventory. The information can be taken further to prioritize those areas. When considering lands to designate, if perhaps the systems are impaired, incentives or opportunities for fixing the infrastructure is also there. Conmaissioner Texeira stated that when looking at the overall plan, developments are occurring on the island and a lot of developments had ditches going through them. If they don't identify them and protect some of them, they will lose. He referenced Wailua where developments are encroaching into some of the ditches. Ms. Kaiaokamalie agreed that is of concern and was an area of discussion. They need to get a handle on the status of the systems. Commissioner Texeira stated that it seems tike IAL could make a recommendation that we need a water study. Ms. Kaiaokamalie stated that she believes the State is moving toward a water study. Commissioner 'J�imura questioned the reservoirs in Kilauea that were shut down and how it would be refilled when it is State regulated and who would pay for the insurance. Ms. K.aiaokamalie stated that the Commission on Water Resources Management was coming up with new dam safety runes and rules relating to the impoundment on what is currently there but not in operation. They included the discussion in the report. They cannot solve the problem right now, but suggested organizing the conversation. Chair Katayama stated that historically ag has been the catch all. The study helped I dejltl Ci,+ the current infrt�structure and a tiiirling elemerrt. If there was a capacity for 100 vnilliota p.t 'jay but only 10 ,a�lons a dhy ws�as brW:�tJg u} ed, mainfainirrg tilt i a �grtl'I,y 4�� Ilu .1 1r it trade off. B rs„ if}hdy had a✓Irse 1�r 50 million gal on, a day it Y1lllli es po t6l 1411 1d V'\71113 Milsp't Files\Commissiof,s',Planning\Minutes\2013-3-J:7 f lanrli ltg Coplliussion Minuto^s develop the resources and maintain it. The initial challenge was taking an inventory of what is tfiere, The second challenge is determining what is important to the industry to make it +:lumulnable. The question the Commissioners_raised is regarding the next step in the process. Connrnissioner Kimura noted that Kilauea was an ag town, and the developers sold a ditch 1:1aat supplied water to all of the cane fields. Now they need to use domestic water to farm. The ditch line should have been left open. He questioned how to get farmers back there without paying for domestic water. Ms. Kaiaokamalie referenced the Ag 75 Park. They would like to designate the property and see the focus of incentives go there. The people are very interested in using it. There are options for bringing water into the area and sorine laud owners were interested in hosting the pipes that would go through their lands. Aliomanu and Stolle Dam are sources. There are land owners proposing to drill and it might give an indication of where the water is for other projects that are looking to bring water back to the area. Chair Katayama stated that we have limited resources and we want to identify the low hanging fruit. If there is a project that historically might have been farming but there are impairments where it is expensive to restore, he suggested focusing resources on something more reasonable. Ms. Kaiaokamalie stated that there are definitely opportunities because it is of interest to the community. Commissioner 1blendonca questioned how the water that is being used for tubing relates to the need for conserving water. Deputy County Attorney Jung stated than the water still flows under the tubes. The water amount affected may be going beyond the scope of the study itself. Ms. Kaiaokamalie stated that at this point whatever is allowed under Chapter 205 can continue. Deputy County Attorney Jung stated that the same controls that are:in place now still l ly i iulp:�ss the Legislature changes the 1Ia*8 or the County makes niore rrl�triat:�F�rt� I��p1'�wni iitvkr r lltl z6n�di ag land. { 'i(ninissioner \�Iendonca stated tlrffif they ale looking tothefulYitc lh(j,vailtttnl�l�1)) 1lh4A IEil lfdl 41j.celli. She gJe.stioned if the water isWsterl. Ifitis cohtam;inatc(I l� 4viII inol I�o 11ls� glkll rJ Hilo felt that we seem to lack fore sit-lrt until sa4nething happens. Ms. Kaiaokamalie noted that the water has already been used. She agreed that anything tha:l impacts the soil impacts the water. Deputy County Attorney Jung stated that there is a distinction between potable water and ag water. Ag water is :'susceptible to more'bacteria because it is not regulated. 21 V:A2013 Master FilesA Commissions APlanning\MinutesCO13-3-27 Planning Commission Minutes Commissioner Mendonca stated that there was an issue with tomatoes being contaminated and they were not aware that it came from the irrigation water. She stated that if we are aware of these things and not wait until it happens it may give a head start to some of the concerns. Chair Katayama questioned the number of acres identified by historic studies relative to the chart. Ms. Kaiaokamalie stated that it is not necessarily aggregated that way. The data on the rating systems are also incorporated into the data for current production. Chair Katayamlo, questioned how it is evolving since the historic surveys. Ms. Kaiaokamalie stated that she did not know if there historically was a tally of the amounts associated with the ratings systems. Right now they are all digitized in GIS and can be easily pulled out of the mapping model. Chair Katayama clarified that they are recommending that 66,000 acres be IAL. Ms. Kaiaokamalie stated that was the number at this point in the study, but the numbers changed as they went along. They made maps of the intervals and people with better knowledge of the lands could provide feedback. The decision to pick the threshold of 28 as the arbitrary acreage level was from the Department and the Administration because the stake holders were liv 0iri2i,d irr?tween a thi t',shold of 25 acid 30, Thoy still need oversight and r,}isctitlsioa htll Il iii vofi F1 sih id of,n'lakmg a J cisi on. grninissioner Texeira questioned �f the, data_Iran be. extpapolatet{ t v oli,flee qt_pit :4W s ka;,1e0 c; (tc*lation. Ms. Kaiaokam�lie stated that ifprioritiesl change they can always plug different number�i i[ntta the scenarios to see how much acreage comes up. The most debate was over diets. They have found that although they want to be balanced and have different types of uses, she noted tiral it is less than 2,500 acres of actual food production, excluding meat products. Chair Katayama questioned whether the 66,000 includes or excludes State land. Ms. Kaiaokamalie stated that it included State lands. She noted that the Planning Depaitnie,nt met with the Department of Agriculture, the Land Use Commission and the State Office of Planning last month to review the recommendations and they were all supportive and had the same concerns. They will be working with the Department of Agriculture, since they have permitting oversight authority, on a memorandum of agreement. Commissioner Texeira questioned incentives for smaller land owners to be a part of the process. 22 VA2013 Master Piles\Commissions\PlanningAMinutes\2013-3-27 Planning Cenmtissiou Minutes Ms. Kaiaokamalie referenced the seven incentives on the State level including land reclassification, tax credits, etc. The legislation focused on the large land owners. Recommendation number 1 includes 8 sub recommendations related to increasing support. Incentives that the County could provide would be tax credits, reduced rates for water, etc. Chair Katayama stated that the challenge is they need critical mass, Once they get the critical mass going, it is easier to address the smaller land owners. Ms. Kaiaokamalie stated talking about it is a start. Another concern is the farmers of CPR lands and the incentives they could expect from the process. They are dealing with the parcel level. They are looking for a minimum of 15 acres, because it would be reviewed by the Land Use Commission. Chair Katayama questioned whether reducing water under Item G refers to potable water. Kaiaokammlie replied that it rej s to agricultural carter. 2�i;a[ icatayanvr requested addin t coni�uegt on the darn safety Pia.li4.4�a1:�nn�. l'v)s.Iraiaokam�]ie stated that she wil�rn�iIce a comment. Conarnissioner 4endonca questioned eni:orcernent. A land owner has priorities and sIpol;iEic use for the ag 'Nand,but things slip through. She questioned how they can enforce it or make sure that it is properly done. Deputy County Attorney Jung stated that IAL is an overlay. There is State Land Use District, Ag, and County Ag and Open. With IAL the Counties can farther restrict certain types of uses. This exercise is the mapping; to identify lands of important agricultural significance. Ms. Kaiaokamalie stated that it would be the next big step. Commissioner Mendonca clarified that she is hearing that there are means to enforce. Deputy County Attorney Jung stated that there are means to enforce under 205 and 205.2 which are the current regulations on State land use. With regard to IAL it depends on the regulations that come down under land use law or from County zoning. The focus of this exercise was to map the lands of agricultural importance looking at the eight criteria as qualifiers. Commissioner Mendonca asked for clarification that if she owned a 30 acre parcel, she would be entitled. Ms. Kaiaokamalie stated that as a.land owner she would be entitled to petition her lands. Commissioner.Mendonca stated that they put a lot of effort and work to designate the arenas that are important. She questioned what they could do to move it and make sense of it. 23 'W:A2019 T[psto FilesA Commissions APlaunhsg\MinutesA2013-3-27 Panning Conunission Minutes Ms. Kaiaokamalie stated that the recommendation is to develop a County level incentive program to encourage food production and self-reliance. This is the first step that they need to do to move in that direction. The first phase is in the next five years. P6r!puth County AttarneY Jung$taped that the;law requires a statuii I,ovievv of i(tvi �Irfk{4u�1 s t s e if anything': 61se should be desi,j�rlatol.. I_.i:m Lniissioner I'exeira stated that A was an oar,,cel lent prrsentatiol i V'v I tl r ,I h i-I o 1 1 11111m,rail' to questioned p,ge 20,recommen(141ion 2, in refere ice of 21,000 flr res l liiil Iv>I1VIId I')o ill joc Co s{.tpport apo�,) lation of 70,000. )Ie noted that the defacto poptihalou is m pound kf0,00 plus. Commissioner Kimura noted that most people who own houses here don't live here, so they wouldn't be listed as a factor. Mr. Dahilig noted that the last census is looking at the population as being under 70,000. From a sustainability standpoint,they are operating under the premise of what would happen if the planes and ships stop. They would be looking at a static resident population. Commissioner Texeira stated that if you have a party, you provide enough food to have extra. He felt they should use the same analogy. Mr. Dahilig stated that he understands the analogy, but it is one of the situations where there is a static population that will hit 70,000 at some point. From a target standpoint,they weren't looking beyond 3-5 years. He noted that the reality is that if Matson were to strike, we have about 11 days' worth of food on the island. Ms. Kaiaokamalie stated that during the process they actually looked at 65,000. They rounded it up to 70,000. Commissioner Texeira understands the scenario but maintained that they have a defacto population of 85,000. He questioned if they included the next 5 years. Ms. Kaiaokamaliie stated that by designating 5,000 more acres, they would be at 21,000. Thoy are proposing an additional 22,000 in the next 3-5 years on a maximum. They need to be working on the incentives program. While they designate the lands they need to also support the hinds being in production. Commissioner Kimura stated that the'end of the process would be finding farmers for the I)l"Oper'tles. He questioned if they would have to lease it,buy it, or own it. Mr. Dahilig stated as a zoning agency they create and incubate the conditions for people to start looking at farming as being something that can yield a good livelihood. Recommendation 2 is to move immediately on at least meeting the threshold now. They are looking at it from a standpoint of at least having the low hanging fruit in reserve in the event that 24 V:A2013 Master Piles AConunissionsAPlmiDing\Minutes\2013-3-27 Plerwing Commission Minutes mil lJtil6r deeds to furr�ament:ally shiff and They necil to start producing vlily gilluhO a Iligh rll)0 nt of produce on �sland. They are lookbig at hlpjh yield.types of activity, Commissioner Mendonea felt that there are many people on Kauai who would take great interest. She thinks it is a great plan and put together well. She expressed concern that whenever there is something on paper, it ends there. She would really like to see it take off. If given the proper incentive,people would make it work because times are getting harder and this is a win wit3 situation. Instead of talking about incentives, show them the incentives that include water rights that we keep giviig away. She noted that people on Kauai survived during the hurricane. Kauai people are special and given the opportunity, they would make every effort to do the best they can for the island. Commissioner Kimura noted that people who used to live on Oahu, given a disaster, will go back to Oahu. They believe they can't survive here. It is sad to see people living here when the going is good. Ms. Kaiaokamalie noted that during the plantation days, everybody's yard had things to eat growing in them. Having lived through two hurricanes, it was never a question in her mind that they weren't going to find what was needed. It is empowering to know that when the going gets tough, the people here can rely on each other. Chair Katayama stated that the value of the IAL is that it is art inventory and plays out wveral scenarios. He felt it was a great map to identify what the core business needs to be to haVe a critical mass in doing those kinds of calorie production, whether vegetable, beef, or poultry, Hawaii has never had a competitive food production advantage. If this is the core rcgtlirennents to maintain the 70,000 population for a year based on the calorie schedule, he gtiestioned if they know what the sustainability premirnn is going to be. He did not know if I lawaii is competitive with the current diets and cost of food. Ms. Kaiaokamalie stated that they tried to see how it would work for the island right now with I-lie rsesources that we have. Chair Katayama stated the challenge is that the sustainability plan is the right thing to do, but the question is what premium the population is willing to pay. If the assumption is that we cat1 be competitive to a wheat farmer in Iowa or cattle grower in Washington there would be a challenge, If we are used to low cost calories, this scenario natty not work. The fatinning initiative is for specialty product. The land requirements are helpful. The next challenge is calorie conversion rates versus inputs and what you can get out of it. They need to quantify or qualify some of the questions so they know the resource commitments. Commissioner Blake stated that they are used to eating strawberries year round where they used to only have it seasonally.During the sugar strike, the diet simplified. They ate sweet potato, fish, and garden truck crops. They didn't have steals every day. He felt there is an educational component to the preservation of important ag lands for sustainability as to what makes it readily sustainable versus luxury sustainable. Food groups are pretty simple. 25 VA2013 Master['ilesACmnmissionsA131azviing\Minutes\2013-3-27 Planning Commission Minutes Mr. Dahilig stated that the Waianae diet was suggested by a University staff. It is a back to basics type of diet and very healthy. People won't be as picky in terms of being able to sustain themselves from an agricultural standpoint. The first step to an IAL designation is making sure that if we have to go back to basics that we can provide for basics. Chair Katayama applauded the focus on tropical diet versus subtropical. Ms. Kaiaokamalie stated that it is a shift in thinking that someday we may not be able to get what we want and to deal with what we really just need to start having. Commissioner Kimura stated that r'riay be what it takes; that the people who want to survive here will do what it takes to survive here and the others will take the easy way out and leave the island. Chair Katayama stated that he would like to be more optimistic. The reason they have Greater minds working on these projects is to make the transition so they don't have to have people, deported. Commissioner Kimura stated that 70% don't have the yskill to survive here and raise cattle lrttd clean their own yard. They're going to leave. Chair Katayama questioned what happens after the final product. Ms. Kaiaokarnali,e stated that beyond the Land Use process they go to the Land Use Commmission. There are other activities going on as they share recommendations with other groups, A big shift on priority of funding is related to health. There, are many roles and many places where action needs to take place. Chair Katayama stated that agriculture has historically been the catch all category from other land uses. If they can categorize what is not IAL it would be helpful in terms of land use and how it is portrayed in general use plan and everything else. Commissioner Blake stated that anything that comes out of Land Use Commission is going to be very Oahu centric. The only way they have made it work is for every island to work against Oahu. They need to keep an eye on what Oahu wants and whether it works for us. Ms. Kaiaokamahe stated that there was a lot of concern from potential ranchers that their lands would not be considered under IAL. All of the uses allowed under agriculture can still persist, When they were looking at the most important lands, it is the lands with the soil and water that they need to grow. All land is important, but these have a particular purpose because of the kind of quality it has. Staff Planner Pester Nakamura stated that non IAL lands are still going to be designated. as State agricultural lands and subject to those uses defined in the law. Going through the study, they realized there are uses on agricultural lands that are not necessarily agricultural related. There are a lot of solar fauns being located in ag lands to produce reusable energy. As far as non 26 V IA2013 Master FilesV Commissions APlauning\MuwtesA2013-3-27 Plaiwing Conunission Minutes IAI, lands, it doesn't preclude them from being used for agricultural related purposes or renewable energy, but it is an ongoing and growing discussion. Commissioner Texeira questioned how it ties in to the General Plan and how it would be used to determine whether they should approve a project or not. Mr. Dahilig stated that it is an in-house plan so there is no formal approval process. As a doot,iinont to be used for policy guidance, they envision the plan to be implemented through the roconnnendations laid out. The Department has been budgeted money for the General Plan tzl>dtrte., One is socioeconomic, another is related to infrastructure, and another is building out. This particular study will have the equivalency as one of those studies, along with a coastal clitilate change study, a multi modal transportation plan, and potentially something related to Iloalth. The study takes a look at one slice of an important policy element; preservation of agricultural lands interwoven with providing enough affordable housing, and healthy infrastructure. Those elements become weighed and will help guide that process. Commissioner Texeira questioned how they would continue the viability of the study. Mr. Dahilig stated that before the General Plan update, they are looking at the low hanging fruit; things that do not appear to have a lot of interwoven policy issues that need to be unwound. As the General Plan process goes along, they hope to end up with another petition that will essentially scoop up lands that may have been in question because of their location to urban centers or schools. They are not limited to one petition. It will be the ongoing exercise as policies becoine clearer. If they put everything in IAL there would be no land to provide housing. Chair Katayama stated that they will wait for a fmal. EXECUTIVE SESSION Rursl4ant to IIa`y_ai'i Revised Statutes Sections 92-5�1 (2 and 41 the purpose of this x outive session is to discuss matters pertaining to the evaluation of the Planning Director. Thin hes,ion pertains to the Planning Director's evaluation where consideration of matters affectin> Lvacy will be involved. Further, to consult with legal counsel regarding powers duties privileges and/or liabilities of the Planning Commission as it relates to the evaluation of the Plaiming Director. Chair Katayama requested handing out the Director's evaluation to the members and forgo the executive session. yp;�II' : 11i:MENTS 27 V:A20I3 Master FilesV Commissions APlusuuig\Minutes\2013-3-27 Planning Commission Minutes Mr. Dahilig announced that the next Planning Commission meeting will be held at 9:00 n.n . or shortly thereafter at the Lihue Civic Centers Moikeha Building, Meeting Room 2A-2B, ,1414 Dice Street, Lihue, Kauai, Hawaii 96766, on Tuesday, April 9, 2013. ADJOURNMENT Vice Chair Katayama adjourned the meeting at 2:43 p.m. Res ectfully submitted by- Do e Nakamatsu, Commission Support Clerk 28 V:A2013 Master FilesV CouvnissiousT lanning\MinutesCO13-3-27 Planning Commission Minutes